Linked by Thom Holwerda on Thu 31st Jul 2008 22:03 UTC
Legal There are probably lots and lots of lawsuits going on every day in the technology world, and generally, they are quite uninteresting to all of us. Exceptions exist, of course, and the case of Apple and PsyStar is definitely one of them. It's a lawsuit that could test one of the most debated issues in the world of software: the EULA issue. To refresh your memory: PsyStar started offering Macintosh clones earlier this year, which caused quite the uproar in the Mac community. Apple was silent on the issue at first, but a few weeks ago the company decided to take legal action against PsyStar, claiming PsyStar violated Apple's copyright and license agreements (EULAs), and motivated others to do the same. While several legal experts agree that Apple's EULA will stand the test of court in The Netherlands, the situation in the US might be completely different. PsyStar seems prepared for the worst, as they have hired lawyers from Carr & Ferrell LLP, a firm who successfully fought Apple in court over IP issues before. I'm breaking out the popcorn, because this is hopefully going to be a big one.
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RE[4]: Osx - Macintosh combo
by apoclypse on Fri 1st Aug 2008 19:35 UTC in reply to "RE[3]: Osx - Macintosh combo"
apoclypse
Member since:
2007-02-17

Nope. Every copy of OSX is essentially an upgrade license. The theory is that even if you buy your copy of OSX in the store you should initially already have a copy of OSX on your machine, since Apple doesn't sell any hardware without OSX being installed on it already. So that makes any retail version of OSX an upgrade since you already bought the full license when you bought the Mac, this gets rolled into the cost of the machine. Sounds about right to me.

Reply Parent Score: 2

RE[5]: Osx - Macintosh combo
by dizzey on Fri 1st Aug 2008 22:55 in reply to "RE[4]: Osx - Macintosh combo"
dizzey Member since:
2005-10-15

oh but is it really a uppgrade. i have bougth some mac's from the university without a osx licencse becus they have some separate deal with uppgrades and such. And since i got this mac without a licensce there would then be no legal way for me to run osX since i only can buy uppgrade licences. I dont think so i serisuly doubt that
a apple store would deny me to buy osx for that mac.

If they dont deny me then it is a retail version and if they do deny me it's an uppgrade

Reply Parent Score: 1

RE[6]: Osx - Macintosh combo
by DrillSgt on Fri 1st Aug 2008 23:18 in reply to "RE[5]: Osx - Macintosh combo"
DrillSgt Member since:
2005-12-02

"i have bougth some mac's from the university without a osx licencse becus they have some separate deal with uppgrades and such. And since i got this mac without a licensce there would then be no legal way for me to run osX since i only can buy uppgrade licences. I dont think so i serisuly doubt that
a apple store would deny me to buy osx for that mac."


Actually, as long as you have a Mac, you are licensed to run OS X. The Mac hardware is what gives you the license to use OS X. This is where Apple differs from Microsoft for an example, as Apple is a hardware company first and foremost, where Microsoft is a software company.

Reply Parent Score: 2

RE[5]: Osx - Macintosh combo
by Mage66 on Sat 2nd Aug 2008 04:28 in reply to "RE[4]: Osx - Macintosh combo"
Mage66 Member since:
2005-07-11

Nope. Every copy of OSX is essentially an upgrade license. The theory is that even if you buy your copy of OSX in the store you should initially already have a copy of OSX on your machine, since Apple doesn't sell any hardware without OSX being installed on it already. So that makes any retail version of OSX an upgrade since you already bought the full license when you bought the Mac, this gets rolled into the cost of the machine. Sounds about right to me.


Nope, I have quite a few Macs here that can run MacOS X and weren't loaded with it when I bought them, and I could STILL buy the retail version of MacOS X and use it with them.

Read the License Terms. MacOS X Retail is NOT an upgrade, it's a full installable OS.

I even have Mac Clones that will run MacOS X that weren't sold with MacOS X on them.

Please don't post things that are wrong and add disinformation to the discussion.

Reply Parent Score: 1

lurch_mojoff Member since:
2007-05-12

All Macintosh computers ever sold came with an OS (either system 1 -system 7 and offshoots or Mac OS X). You cannot have a Mac that didn't come with an operating system. Therefore as long as you install your brand spanking new copy of Leopard on a Mac it is implicitly an upgrade.

Reply Parent Score: 1

RE[6]: Osx - Macintosh combo
by apoclypse on Sun 3rd Aug 2008 04:39 in reply to "RE[5]: Osx - Macintosh combo"
apoclypse Member since:
2007-02-17

"Nope. Every copy of OSX is essentially an upgrade license. The theory is that even if you buy your copy of OSX in the store you should initially already have a copy of OSX on your machine, since Apple doesn't sell any hardware without OSX being installed on it already. So that makes any retail version of OSX an upgrade since you already bought the full license when you bought the Mac, this gets rolled into the cost of the machine. Sounds about right to me.


Nope, I have quite a few Macs here that can run MacOS X and weren't loaded with it when I bought them, and I could STILL buy the retail version of MacOS X and use it with them.

Read the License Terms. MacOS X Retail is NOT an upgrade, it's a full installable OS.

I even have Mac Clones that will run MacOS X that weren't sold with MacOS X on them.

Please don't post things that are wrong and add disinformation to the discussion.
"


Nope again. A hacked mac isn't a mac and isn't licensed to run OSX. Just because it can run on other hardware doesn't mean that buying OSX retail isn't an upgrade. A real mac gives you the license to upgrade to any version of Mac OS you please, the cost of full OS gets rolled into the prices of the hardware. Having Mac OS anything entitles you to an upgrade, you have to remember that up until 10.4, Apple used to bundle OS9 with OSX.

Reply Parent Score: 2